If you have been arrested for battery or aggravated battery, including domestic battery or domestic aggravated battery, contact an experienced Fort Lauderdale battery attorney to discuss your charges and the best way to aggressively defend yourself against this serious criminal offense. Fort Lauderdale Battery Defense Attorney David J. Sobel represent individuals charged with serious battery offenses throughout the greater Fort Lauderdale area and the surrounding counties of Palm Beach and Miami-Dade.
Each case is different and based upon a unique set of facts and circumstances. There are many different ways to fight a battery case which include self-defense, lack of intent and etc. Fort Lauderdale Battery Defense Attorney David J. Sobel will evaluate these unique facts and develope a case strategy to fight the battery case.
It is important to have an experienced Ft Lauderdale battery lawyer go over all possible defenses. Fort Lauderdale Battery Defense Attorney David J. Sobel will personally evaluate your case with you and determine what the best defense would be for your factual case. Ft Lauderdale Battery Lawyer David J. Sobel takes a proactive approach to criminal defense utilizing investigators and experts when necessary. There are different degrees of battery that indicate the severity of the offense. Below is a basic outline of some Battery charges.
In the State of Florida the offense of battery occurs when a person actually and intentionally touches or strikes another person against the will of the person or intentionally causes bodily harm to another person. This type of battery is a misdemeanor of the first degree punishable by up to one year in the county jail.
Felony Battery is when a person actually or intentionally touches or strikes another person and intends to cause the victim great bodily harm which is a felony in the third degree punishable by up to 5 years in Florida State Prison.
An “aggravated battery” is charged under Florida Statute 784.045, and is a battery committed against a pregnant woman who the defendant was aware (or should have known) was pregnant; or is a battery where a deadly weapon was used; or is a battery where the defendant intentionally caused great bodily harm, permanent disability, or permanent disfigurement to the victim. An aggravated battery is a second degree felony punishable by up to fifteen years imprisonment in Florida State Prison, and may also carry a mandatory minimum sentence.
Battery on a Law Enforcement Officer (BAT LEO)
A battery against a law enforcement officer, firefighter, EMS personnel, bus or train operator, or their security personnel is a third degree felony. Battery on a law enforcement officer is an extremely common felony charge that police officers often employ to show their authority and/or gain control over a situation. Many people arrested for battery on a law enforcement officer feel that they have done nothing wrong and have difficulty understanding why they were arrested, let alone charged with battering an officer. In fact, the person arrested is usually the one who suffers physical injury at the hands of the officers. As a result, somebody facing this charge often feels both physically and emotionally violated.
Prior and Subsequent Battery Convictions
In the State of Florida a person who has had a prior conviction for battery, aggravated battery, felony battery or armed battery, and who commits a second or subsequent battery commits a felony of the third degree. A felony of the third degree carries a punishment of up to five years in prison. A prior conviction means a determination of guilt has been made as a result of a trial or a plea, even if the plea entered is a nolo contendere.
For a free case evaluation, contact Fort Lauderdale Criminal Defense Attorney David J. Sobel on his cellular phone at 954-383-3000 (24/7).